Chapter VI
COMPLAINTS, DENUNCIATIONS AND PROTESTS AGAINST JUDGMENT EXECUTION
Section 1. COMPLAINTS AND DENUNCIATIONS AGAINST JUDGMENT EXECUTION
Article 59.- The right to complain about judgment execution
The judgment creditors, the judgment debtors and the persons with rights and obligations related to judgment-executing have to right to complain about decisions and/or acts of heads of judgment-executing bodies or executors if having grounds to believe that such decisions and/or acts are illegal, having infringed upon their legitimate rights and interests.
The time limit for complaints shall be ninety days as from the date of receiving the decisions or knowing about illegal acts of heads of judgment-executing bodies or executors.
In cases where due to objective obstacles or force majeure events the complainants cannot lodge their complaints within the prescribed time limit, the duration when such objective obstacles or force majeure events exist shall not be counted into the complaint time limit.
Article 60.- Competence and time limits for settlement of complaints about judgment execution
1. For complaints about illegal decisions or acts of executors of the district-level judgment-executing bodies, the heads of the district-level judgment-executing bodies to which the complaints are lodged shall settle them and give replies to the complainants within fifteen days as from the date of receiving the complaints.
Within fifteen days as from the date of receiving the complaint-settling decisions, if disagreeing with the contents of the settlement, the complainants may further complain with the heads of the provincial-level judgment-executing bodies, who must settle the complaints within thirty days as from the date of receiving the complaints. For complicated cases, the time limit for the heads of the provincial-level judgment-executing bodies shall not exceed forty five days as from the date of receiving the complaints. The complaint-settling decisions of the heads of the provincial-level judgment-executing bodies take implementation effect.
2. For complaints about illegal decisions or acts of executors of the provincial-level judgment-executing bodies, the heads of the provincial-level judgment-executing bodies to which the complaints are lodged shall settle them and reply the complainants within fifteen days as from the date of receiving the complaints.
Within fifteen days as from the date of receiving the complaint-settling decisions, if disagreeing with the settlement contents, the complainants may further complain with the head of the civil judgment-executing agency of the Justice Ministry, who must settle the complaints within thirty days as from the date of receiving the complaints. For complicated cases, the time limit for the head of the civil judgment-executing agency of the Justice Ministry to settle the complaints shall not exceed sixty days as from the date of receiving the complaints. The complaint-settling decisions of the head of the civil judgment-executing agency of the Justice Ministry shall take implementation effect.
3. For complaints about illegal decisions and acts of the heads of district-level judgment-executing bodies, the heads of the provincial-level judgment-executing bodies to which the complaints are lodged shall settle them and reply the complainants within fifteen days as from the date of receiving the complaints.
Within fifteen days as from the date of receiving the complaint-settling decisions, if disagreeing with the settlement contents, the complainants may further complain with the head of the civil judgment-executing agency of the Justice Ministry, who must settle them within thirty days as from the date of receiving the complaints. For complicated cases, the time limit for the head of the civil judgment-executing agency of the Justice Ministry to settle the complaints shall not exceed forty five days as from the date of receiving the complaints. The complaint-settling decisions of the head of the civil judgment-executing agency of the Justice Ministry shall take implementation effect.
4. For complaints about illegal decisions or acts of the heads of provincial-level judgment-executing bodies, the head of the civil judgment-executing agency of the Justice Ministry shall settle them and reply the complainants within fifteen days as from the date of receiving the complaints.
Within fifteen days as from the date of receiving the complaint- settling decisions, if disagreeing with the settlement contents, the complainants may further complain with the Justice Minister who must settle the complaints within thirty days as from the date of receiving them. For complicated cases, the time limit for the Justice Minister to settle the complaints shall not exceed sixty days as from the date of receiving the complaints. The complaint- settling decisions of the Justice Minister are final ones.
5. In case of necessity, the Justice Minister may review the complaint- settling decisions of the heads of the provincial-level judgment-executing bodies or the head of the civil judgment-executing agency of the Justice Ministry prescribed in Clauses 1, 2 and 3 of this Article.
Persons competent to settle complaints have the right to request judgment-executing bodies to temporarily stop the judgment execution during the settlement of complaints, if deeming that the judgment execution affects the legitimate rights and interests of the involved parties or affects the settlement of complaints.
Article 61.- Competence and time limits to settle complaints about judgment execution in the army
1. For complaints about illegal decisions or acts of executors of the military zone-level judgment-executing bodies, the heads of the military zone-level judgment execution bodies to which the complaints are lodged shall settle them and reply the complainants within thirty days as from the date or receiving the complaints.
Within fifteen days as from the date of receiving the complaint-settling decisions, if disagreeing with the settlement contents, the complainants may further complain with the head of the judgment-executing agency of the Defense Ministry, who must settle the complaints within thirty days as from the date of receiving them. For complicated cases, the time limit for the head of the judgment execution agency of the Defense Ministry to settle the complaints shall not exceed sixty days as from the date of receiving the complaints. The complaint-settling decisions of the head of the judgment-executing agency of the Defense Ministry shall take implementation effect.
2. For complaints about illegal decisions or acts of the heads of military zone-level judgment-executing bodies, the head of the judgment-executing agency of the Defense Ministry shall settle them and reply the complainants within fifteen days as from the date of receiving the complaints.
Within fifteen days as from the date of receiving the complaint-settling decisions, if disagreeing with the settlement contents, the complainants may further complain with the Defense Minister who must settle the complaints within thirty days as from the date of receiving them. For complicated cases, the time limit for the Defense Minister to settle the complaints shall not exceed sixty days as from the date of receiving the complaints. The Defense Minister's decisions on complaint settlement shall be the final ones.
3. In case of necessity, the Defense Minister may review the complaint-settling decisions of the head of the judgment-executing agency of the Defense Ministry defined in Clause 1 of this Article.
Persons competent to settle complaints may request judgment-executing bodies to temporarily stop the judgment execution during the complaint settlement if deeming that the judgment execution will affect the legitimate rights and interests of the involved parties or affect the complaint settlement.
Article 62.- Complaint-settling decisions
1. The persons competent to settle complaints must issue complaint-settling decisions in writing and send them to the complainants, the complained persons and the persons with relevant rights and obligations within the time limits prescribed in Articles 60 and 61 of this Ordinance.
2. The complaint-settling decisions must contain the following principal details:
a) The dates of issuance of decisions;
b) The full names and addresses of the complainants and the complained persons;
c) The complaining contents are correct, partially or totally wrong;
d) The affirmation, partial amendment or full cancellation of the judgment execution decisions of heads of judgment-executing bodies or executors.
Article 63.- Denunciations and settlement of denunciations about judgment execution
The denunciation and settlement of denunciations about illegal acts of heads of judgment-executing bodies, executors shall comply with the law provisions on complaints and denunciations.
Section 2. PROTESTS AGAINST JUDGMENT EXECUTION DECISIONS
Article 64.- Competence to protest against judgment execution decisions
The people's procuracies shall exercise the right to protest against decisions of heads or executors of the judgment-executing bodies of the same or subordinate level under the provisions of the Law on Organization of the People's Procuracies.
The time limits for protest shall be fifteen days for the people's procuracies of the same level and thirty days for the immediate superior people's procuracies, as from the date of receiving the judgment execution decisions.
Article 65.- Response to protests of people's procuracies
1. The heads of the judgment execution bodies shall have to respond to protests of the people's procuracies against the judgment-executing decisions of their own or of their executors within fifteen days as from the date of receiving the protests.
2. Where the heads of the district-level judgment-executing bodies disagree with the protests of the people's procuracies, they must report thereon to the heads of the provincial-level judgment-executing bodies and the chairmen of the immediate superior people's procuracies. The heads of the provincial-level judgment-executing bodies must consider and reply within fifteen days as from the date of receiving the reports. The written replies of the heads of the provincial-level judgment-executing bodies shall take implementation effect.
3. Where the heads of the provincial-level judgment-executing bodies disagree with the protests of the procuracies, they must report thereon to the head of the judgment-executing agency of the Justice Ministry and the Supreme People's Procuracy. The head of the judgment-executing agency of the Justice Ministry shall consider and reply within thirty days as from the date of receiving the report. The written replies of the head of the judgment-executing agency of the Justice Ministry shall take implementation effect.
4. Where the heads of the military zone-level judgment-executing bodies disagree with the protests of the procuracies, they must report thereon to the head of the judgment-executing agency of the Defense Ministry and the Central Military Procuracy. The head of the judgment-executing agency of the Defense Ministry must consider and reply within thirty days as from the date of receiving the reports. The written replies of the head of the judgment-executing agency of the Defense Ministry shall take implementation effect.
Tìm kiếm
Pháp lệnh Thi hành án dân sự năm 2004 (Bản Word)